Investigations

The Louisiana State Board of Nursing is tasked with oversight of Registered Nursing and student practices, public protection, licensure of nurses, and laws that govern nursing practice. The Investigation Department is comprised of trained Compliance Officers (Registered Nurses), Compliance Investigators and Licensing Analyst. Departmental statistical information may be viewed with in the Annual Reports. The number of complaints, investigations and action continue to rise every year. Every complaint received is thoroughly reviewed for sufficient information about the nurse’s identity, the Board’s jurisdiction and if proven would it constitute a violation of the Nurse Practice Act (NPA). Complaints received by the Board and not within the jurisdiction of the Board are forwarded to the agency with the appropriate jurisdiction. For example, if the LSBN mistakenly receives a complaint regarding a Licensed Practical Nurse, this information is forwarded to the Louisiana State Board of Practical Nurses. Pursuant to LAC 46:XLVII.3407.B., Communications from the informant shall not be revealed to any person unless such documents shall be offered for evidence in a formal hearing. Employment issues are not within the Boards Authority.

Investigatory Process

The BON provides “due process” to those being investigated. This includes: communication of the allegations, right to respond or defend against the allegations, right to an attorney, resolution process is fair and impartial and the right to appeal.

Once a complaint is determined to be valid, is within the jurisdiction of the Board and if proven would be a violation of the NPA; the case is assigned to the appropriate investigator. The investigator obtains necessary evidence through interviewing witnesses, collecting appropriate documents and conducting site visits. A Demand Letter is sent to the Respondent (nurse or student being investigated) outlining the specific allegations. This allows the Respondent the ability to respond and defend himself.

Cases requiring possible action are presented to the Director of Investigations, Director of Hearings and the Board Attorney. The team then decides what if any action should be taken. The case is then transferred to the Hearings Department for resolution through a Consent Order, Agreement or Board Hearing.

A more detailed overview of the process can be viewed on a streaming video, Board of Nursing Complaint Process: Investigation to Resolution, that has been developed by the National Council State Boards of Nursing (NCSBN) 2010 Disciplinary Resource Committee and produced by NCSBN. The video is intended for nurses or students facing possible disciplinary action and provides information on the topics: